Jackson v. Booker

U.S. Court of Appeals for the Fifth Circuit

Jackson v. Booker

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-60115 Conference Calendar

DAVID JACKSON,

Plaintiff-Appellant,

versus

WALTER BOOKER, Superintendent at Parchman; JAMES BREWEN, Captain; JOHN BEARRY, DR., Physician,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:99-CV-299-P-B -------------------- August 22, 2000

Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.

PER CURIAM:*

David Jackson, Mississippi prisoner number 39640, appeals

the district court’s denial of IFP status for failure to exhaust

administrative remedies. Jackson has failed to brief this issue,

as he has provided neither argument nor authorities to show that

the district court erred in denying his application to proceed in

forma pauperis. See Yohey v. Collins,

985 F.2d 222, 225

(5th

Cir. 1993); Fed. R. App. P. 28(a)(9). Accordingly, this appeal

is dismissed as frivolous.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 00-60115 -2-

This dismissal of a frivolous appeal constitutes one strike

against Jackson for purposes of

28 U.S.C. § 1915

(g). See

Adepegba v. Hammons,

103 F.3d 383, 388

(5th Cir. 1996). If two

other district court actions or appeals filed by Jackson are

dismissed as frivolous, he will be barred from bringing a civil

action or appeal as a prisoner proceeding in forma pauperis

unless he is under imminent danger of serious physical injury.

See § 1915(g).

APPEAL DISMISSED AS FRIVOLOUS. 5TH CIR. R. 42.2. SANCTIONS

WARNING ISSUED.

Reference

Status
Unpublished